HomeMy WebLinkAbout2002/11/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 18, 2002
7:30 p.m.
7:15 p.m. – Economic Development Authority Meeting
Special Meeting to Immediately Follow Council Meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of November 4, 2002 Document
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to
move items from consent calendar to regular agenda for discussion and to
approve those items remaining on the consent calendar).
5. Boards and Commissions
a. Appointment to the Parks & Recreation Advisory Commission
6. Public Hearings
6a. Public Hearing to Consider Resolution Authorizing Renewal of Gambling
Premises Permit for St. Louis Park Boy’s Traveling Basketball Association at
Texa-Tonka Lanes, located at 8200 Minnetonka Blvd. Document
Recommended
Action:
Mayor to close public hearing. Motion to approve the resolution
authorizing renewal.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Second reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of
the St. Louis Park Municipal Code concerning pawnbrokers and providing a
penalty for violation. Document
This ordinance authorizes the City of St. Louis Park to become part of the Automated
Pawn System (APS).
Recommended
Action:
Motion to approve second reading of ordinance as amended, adopt
ordinance, approve summary and authorize publication.
8b. Zoning ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36-
366 to add large item retail as a separate land use classification, correct the table
of bulk regulations to reflect previous amendments to residential setbacks, allow
use of certain exterior building materials for park buildings, and correct a code
formatting error relating to the location of required parking in the R-1, R-2 and
R-3 residential districts. Document
C-56-ZA as e 02
Recommended
Action:
Motion to approve first reading of the proposed Zoning Ordinance
amendments.
8c. Traffic and Environmental Studies – Methodist Hospital Campus Expansion
Document
Recommended
Action:
Staff recommends the City Council approve the following two
motions:
§ Authorize preparation of an Environmental Assessment
Worksheet relating to the proposed expansion of the Methodist
Hospital campus
§ Authorize the Mayor and City Manager to execute a contract
with SRF Consulting Group Inc. for purposes of undertaking the
preparation of an Environmental Assessment Worksheet and
necessary traffic and parking analysis for a proposed Methodist
Hospital expansion initiative with the understanding that Park
Nicollet Health Services will escrow funds or enter into an
agreement to reimburse the City for the costs associated with
these activities.
9. Communications
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administration Department) at 952/924-2525 (TDD
952/924-2518) at least 96 hours in advance of meeting.
ST. LOUIS PARK CITY COUNCIL
MEETING OF NOVEMBER 18, 2002
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to approve resolution authorizing execution of a Traffic Control Signal
Agreement with the State of Minnesota for installation of emergency vehicle preemption
systems at two existing traffic control signals. Document
4b Motion to adopt the attached resolution that declares the petition adequate for the
purposes of preparing a formal City Engineer’s Report on the feasibility and costs
associated with a proposed alley improvement project in the 7600 & 7700 blocks of
Edgebrook Drive. Document
4c Motion to approve the First Amendment to the Amended and Restated Contract for
Private Redevelopment By and Between St. Louis Park Economic Development
Authority and City of St. Louis Park and Meridian Properties Real Estate Development
LLC dated July 23, 2001. Document
4d Motion to accept and file Planning Commission Minutes of August 21, 2002 Document
4e Motion to accept and file Planning Commission Minutes of September 18, 2002
Document
4f Motion to accept and file Telecommunications Commission Minutes of August 8, 2002
Document
4g Motion to accept and file Vendor Claim Report (See Agenda Supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
***Meeting Date***
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual
reports by inclusion of the word “Supplement”.
St. Louis Park City Council Agenda
Item: 111802 - 3a - City Council Minutes of November 4, 2002
Page 1 of 6
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 4, 2002
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson,
Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs.
Councilmember Ron Latz was absent.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Knetsch); Director of
Community Development (Mr. Harmening); Police Chief (Mr. Luse); Planning and Zoning
Supervisor (Ms. Jeremiah); Planning Consultant (Mr. Ingraham); Human Resources
Manager (Ms. Gohman); Civic TV Coordinator (Mr. Dunlap); Housing Programs
Coordinator (Ms. Larsen); and Recording Secretary (Ms. Samson).
Additional Staff present were Police Lieutenant (Mr. DiLorenzo); Support Services Sergeant
(Mr. Giebel); and Housing Supervisor (Ms. Schnitker).
2. Presentations--None
3. Approval of Minutes
3a. City Council Minutes of October 21, 2002
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which
need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a
Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular
agenda for discussion.
4a Accept for filing Board of Zoning Appeals Minutes of August 22, 2002
4b Accept for filing Human Rights commission Minutes of September 18, 2002
4c Approve Resolution No. 02-121 authorizing final payment for Elec Install & Maint
#100-02, EVP System, in the amount of $30,600
4d Approve a 6 month extension of Beltline’s Wolfe Lake Professional Center Final
PUD and Final Plat consideration until April 15, 2003
4e Adopt Resolution No. 02-122 amending Vail Place final plat approval to extend the
plat filing deadline to January 2, 2003
St. Louis Park City Council Agenda
Item: 111802 - 3a - City Council Minutes of November 4, 2002
Page 2 of 6
4f Accept for filing minutes of Park and Rec Advisory commission meeting of
September 18, 2002
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the
Agenda and items listed on the Consent Calendar.
The motion passed 6-0.
5. Boards and Commissions--None
6. Public Hearings
6a. Public Hearing regarding AOL Time Warner Restructuring
Civic TV Coordinator Reg Dunlap reported that the City Attorney’s report is thorough and
the Telecommunications Commission has received a verbal update. Staff supports the City
Attorney’s recommendation to ultimately grant the recognition of the transfer of the Time
Warner transaction.
Mayor Jacobs opened the public hearing.
Lance Leupold, Time Warner Cable Director of Public Affairs, said local management will
continue to remain in place, and Time Warner Cable’s (TWC) practices and policies will
remain the same.
City Attorney E. Knetsch assured Councilmember Sanger that the FCC will review the
foundation of the financials in regard to this transaction. Councilmember Sanger asked if
the City Council could delay action on this item until the FCC has reviewed the financial
aspects of this transaction. Mr. Knetsch said he will research that information and respond
prior to the next meeting. Mr. Knetsch added that the FCC will review the anti-
competitiveness aspects of the transfer, the new corporation, and market share.
City Manager Charlie Meyer explained that technically there is no first and second reading
for this item because it is not an ordinance (an ordinance would require a first and second
reading); it is a public hearing which must be followed within 30 days with a resolution
adopted by the City Council.
Mayor Jacobs closed the public hearing.
Councilmember Sanger asked if the quality of service will diminish due to the restructuring.
Mr. Dunlap said the franchise agreement addresses quality of service, and TWC has met the
federal standards every year for such. Mr. Dunlap added that the Telecommunications
Commission addresses service complaints on a case-by-case basis.
It was moved by Councilmember Brimeyer, seconded by Councilmember Nelson, to set first
reading for November 18.
St. Louis Park City Council Agenda
Item: 111802 - 3a - City Council Minutes of November 4, 2002
Page 3 of 6
The motion passed 6-0.
7. Requests, Petitions, and Communications from the Public
7a. Contract for Public Safety Dispatch 1/1/02 – 12/31/03
ResolutionNo. 02-119
Human Resources Manager Nancy Gohman reported on the public safety dispatch
settlement and labor agreement.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution No. 02-119 approving a Labor Agreement between the City and Law
Enforcement Labor Services Inc. (Local #220) for Public Safety Dispatch, establishing
terms and conditions of employment for two years: 1/1/02 – 12/31/03.
Councilmember Nelson explained that he always votes against such City contracts because
he does not agree with the formula for how the benefits program is funded, e.g., benefits for
single people are over-funded, which means money is put into their pockets thereby
increasing their salaries. Councilmember Nelson stated the City under-funds benefits for
married individuals and those with children thereby reducing their salaries. Councilmember
Nelson said he promotes equal work for equal pay, and he thinks the City’s approach
confuses benefits with pay.
The motion passed 5-1. (Councilmember Nelson opposed).
7b. Establishing employer contribution for employer-provider cafeteria-style
benefit programs for 2003. Resolution No. 02-120
Ms. Gohman summarized insurance benefits and premiums for 2003 for City employees.
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt
Resolution No. 02-120 approving a $40/mo. increase in the employer contribution for the
cafeteria benefit plan for 2003.
The motion passed 5-1. (Councilmember Nelson opposed).
7c. Cedar Trails Condominium Association Housing Improvement Area
Ordinance No. 2231-02, Resolution No.’s 02-117 and 02-118
Housing Programs Coordinator Kathy Larsen reported on the Cedar Trails Condominium
Association Housing Improvement Area, and four actions are required. Ms. Larsen said
members of the Cedar Trails Condominium Association are present to answers questions, as
well as attorney Stephen Bubul of Kennedy & Graven.
Mr. Knetsch said it is acceptable to move the four motions as one.
St. Louis Park City Council Agenda
Item: 111802 - 3a - City Council Minutes of November 4, 2002
Page 4 of 6
It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to approve
Ordinance No. 2231-02 to establish the Cedar Trails Housing Improvement Area, approve
summary and authorize publication. 2. To approve Resolution No. 02-117 to impose fees.
3. To authorize execution of Contract for Private Development and any other related
documents, by the Mayor and City Manager, between the City and the Cedar Trails
Condominium Association. 4. To approve Resolution No. 02-118 establishing internal loan
fund.
The motions passed 6-0.
7d. First reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of
the St. Louis Park Municipal Code concerning pawnbrokers and providing a
penalty for violation
Police Chief John Luse reported on the establishment of a draft of a new ordinance, which
would provide for reasonable oversight and regulation of pawnshops in St. Louis Park. The
ordinance would authorize St. Louis Park to become part of the Automated Pawn System
(APS). Chief Luse explained that the ordinance would implement and establish the required
use of APS; establish the ability to collect fees; maintain a maximum number of pawnbroker
licenses issued during a calendar year at three (3), and allow Council to consider a reduction
in this number from three to two; expands provisions regarding transactions and receipts,
which provides for detailed information needed to make APS effective; creates a mandatory
three-day holding period on merchandize prior to resale; provides for a police order to hold
or confiscate an item in cases when a three-day holding period is inadequate or when an
item in question is determined to be evidence or stolen.
For the record, Mayor Jacobs acknowledged receipt of Mark Pearson’s email, dated
November 1, 2002. Mr. Pearson is co-owner/shareholder of Excel Pawn, Inc., 7003 West
Lake Street.
Chief Luse responded to Mr. Pearson’s communication. The concerns expressed by Mr.
Pearson were discussed, and Chief Luse stated the following: 1. Chief Luse and police
personnel think a 90-day transition period to the effective date to implement new software is
reasonable (see Section 3 of the draft ordinance). 2. In regard to customers being required
to provide name, address, and telephone number for purchases of $100.00 or more, Mr.
Pearson thinks it is unnecessary and may cause some customers to walk out, however, St.
Louis Park police think there will be some occasions when items will clear the waiting
period and be sold before they are determined to be stolen; police need to be able to locate
items as evidence and evaluate legal possession of the item (see Section 8-430, subsection
e). 3. Any payment by the pawnbroker of $250.00 or more shall be by check draft, or other
non-negotiable instrument. St. Louis Park police agree with Mr. Pearson that this provision
is not necessary (see Section 8-431, subsection g). 4. Prohibit a licensed pawnshop from
doing business for one year with a customer who has conducted six transactions in a six-
month period. St. Louis Park police agree with Mr. Pearson that this restriction is not
necessary (see Section 8-431, subsection h).
St. Louis Park City Council Agenda
Item: 111802 - 3a - City Council Minutes of November 4, 2002
Page 5 of 6
Mr. Meyer suggested that if Council agrees with Chief Luses’ four recommendations, the
ordinance could be approved as presented at first reading and Staff could be given direction
to return with a recommendation for changes at the second reading.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve
first reading of ordinance, with changes to be incorporated as stated by Chief Luse, and set
second reading for November 18, 2002.
Councilmember Sanger inquired about Section 8-427, subsection a, regarding the number of
licenses issued. She said it is a step in the right direction to reduce the number of licenses
from three to two.
The motion passed 6-0.
7e. Second Reading of zoning ordinance text amendments regarding detached
garages and other accessory structures/uses. Case No. 02-24-ZA
Ordinance No. 2232-02
Planning Consultant Greg Ingraham summarized the directives given to Staff from Council
at the October 2, 2002 City Council meeting, and changes made in the Code. Mr. Ingraham
said the changes made to the accessory structure ordinance draft are: 16 inches shall be
allowed for a setback as opposed to 24 inches; a CUP shall be required for ground floor
areas in excess of 800 square feet; a CUP shall be required for any time there are windows,
openings, and/or doors, etc. on the second floor of a detached or accessory structure; a CUP
shall be required for roofs that are flat or approaching flat; and second floor space shall be
limited to storage unless approved as part of a CUP. Mr. Ingraham displayed definitions for
first floor and story according to the Building Code.
Planning and Zoning Supervisor Janet Jeremiah said if a structure is damaged or destroyed
to more than 60% of its value, then it could not be rebuilt unless it becomes conforming, i.e.,
to meet current ordinance, otherwise, a variance would be required.
Councilmember Brimeyer commented that this issue has always been about building mass,
building height, and the perceived imposition on neighboring properties.
John A. Miller, 3550 France Avenue South, provided his perspective on first story
definition.
Ms. Jeremiah suggested Council may want to reference basement or first story, whichever is
lower, and measurements could be taken from the very lowest point.
Councilmember Santa said she is uncomfortable adding the language whichever is lower.
She said one way to eliminate or minimize mass imposed on neighbors is the option to have
a basement, and she does not want to eliminate basements unconditionally.
St. Louis Park City Council Agenda
Item: 111802 - 3a - City Council Minutes of November 4, 2002
Page 6 of 6
John Mohler, 4313 Brook Avenue South, said what matters to him about height is what will
the upper floor of a garage be used for? Councilmember Nelson said it is valid for Council
to look at mass, size, imposition, sight lines, and setbacks, however, he does not favor over-
regulating garages.
Mr. Miller said he would like story to be incorporated into first story. Mr. Miller is
concerned about the exception associated with “four feet of dirt” as not counting or having a
“free” story.
Mr. Ingraham said the word story is in the definition of first story, and he thinks what is
applicable to story is also applicable to first story.
Councilmember Sanger said she would like to incorporate the spirit of the interpretation
given by Mr. Ingraham.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve
Ordinance No. 22332-02 zoning ordinance text amendments regarding detached garages
and other accessory structures/uses, approve the summary ordinance and authorize
publication--as drafted and amended by Staff.
Councilmember Brimeyer asked for clarification on the amendment.
Councilmember Sanger responded: Staff’s recommendations as presented in the
Councilmembers’ packets, and not about further amendment of what was proposed in
writing. She is comfortable with the new amendments to the ordinances in the CUP process,
which would allow for tighter control over large, intrusive garages in the neighborhoods.
Councilmember Nelson said he supports Councilmember Sanger’s motion.
The motion passed 6-0.
8. Resolutions, Ordinances, Motions--None
9. Communications
From the City Manager: Mr. Meyer acknowledged the work and monumental efforts of
the election judges, the City Clerk’s office, and City Staff involved in the election process.
From Councilmember Nelson: Councilmember Nelson provided information regarding
the Do Not Call List.
10. Adjournment
Mayor Jacobs adjourned the meeting at 8:50 p.m.
_________________________________ _________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 111802 - 4a - MnDOT Agreement, EVP projects
Page 1 of 2
4a. Motion to approve resolution authorizing execution of a Traffic Control Signal
Agreement with the State of Minnesota for installation of emergency vehicle
preemption systems at two existing traffic control signals.
Several years ago, the City committed to installing emergency vehicle pre-emption devices
(EVPs) on all signal systems in the City to facilitate emergency response. 2002 is the last year of
this multi-year improvement program. After completion of this year’s project, all but a handful
of signals will have EVPs. The remaining signals that do not have EVP systems (primarily along
Excelsior Boulevard, west of TH 100) will have them installed when the accompanying road is
rehabilitated.
Two of the 2002 installation locations have been installed on Mn/DOT-owned traffic control
signals. Therefore, Mn/DOT requires an agreement from the City to install and operate this
equipment on their signals. As part of the agreement, the City agrees to pay for the cost of the
installation, pay for Mn/DOT crews to modify the signal wiring as needed (estimated at $1,000
per signal), and remove the equipment if deemed necessary by the State. The agreement also
outlines liability limitations for each party as a result of this installation.
This agreement applies to the following signal systems:
§ Park Place Blvd. & I-394 east-bound ramp
§ Cedar Lake Road & TH 169 north-bound ramp
The City Attorney has reviewed the Agreement and approves of its language.
Recommendation: Staff recommends approving the attached resolution that authorizes the
Mayor and City Manager to execute this agreement on behalf on the City.
Prepared By: Maria Hagen, City Engineer
Reviewed By: Harlan Backlund, Operations Superintendent
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111802 - 4a - MnDOT Agreement, EVP projects
Page 2 of 2
RESOLUTION NO. 02-XXX
RESOLUTION AUTHORIZING EXECUTION OF A TRAFFIC CONTROL SIGNAL
AGREEMENT WITH THE STATE OF MINNESOTA FOR INSTALLATION OF
EMERGENCY VEHICLE PREEMPTION SYSTEMS
WHEREAS, the City of St. Louis Park, Minnesota desires to install emergency vehicle
preemption systems on two (2) traffic control signals owned by the Minnesota Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the City enter into an agreement with the State of Minnesota for the
following purposes, to wit:
To install emergency vehicle preemption systems at the existing traffic control signals at
the following locations:
1. Trunk Highway No. 169 East ramps at Cedar Lake Road
2. Trunk Highway No. 394 South Ramps at Xenia Avenue
In accordance with the terms and conditions set forth and contained in Agreement No.
83905R, a copy of which was before the City Council.
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby
authorized to execute such agreement and any amendments, and thereby assume for and on
behalf of the City all of the contractual obligations contained therein.
Reviewed for Administration: Adopted by the City Council November 18, 2002
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111802 - 4b - Consent Alley Paving Petition
Page 1 of 3
4b. Motion to adopt the attached resolution that declares the petition adequate
for the purposes of preparing a formal City Engineer’s Report on the
feasibility and costs associated with a proposed alley improvement project in
the 7600 & 7700 blocks of Edgebrook Drive.
Background: On October 11, 2002 the residents along Edgebrook Drive, submitted a
petition to the City requesting the alley be paved in accordance with the City’s standard
for alleys, and that the cost of the improvements be assessed against all benefited
properties. Mr. Orville Folkerts of 7721 Edgebrook Drive circulated the petition. This
alley is bounded on the south side by Edgebrook Park.
The City’s Alley Paving Policy requires that at least 51% of the property owners (based
on alley front feet) sign a petition for the improvement in order to investigate the
feasibility and cost of construction.
Analysis: 78% of the property owners (10 of 12 affected properties) have signed the
petition. Therefore, the petition is deemed adequate in order to prepare a City Engineer’s
report for review by the City Council.
Project Timing: Staff has informed Mr. Folkerts that surveying and design will not be
able to take place until next Spring. Once a preliminary design is completed, staff will
hold a meeting with the affected residents to inform them of the project. A public
hearing will also need to be held prior to approval. Mr. Folkerts requested that
construction be scheduled for the early part of the Summer to minimize disruption to the
adjacent properties.
Attachments: Petitioner List
Resolution
Petition (Supplement)
Prepared By: Maria A. Hagen, City Engineer
Reviewed By: Harlan Backlund, Operations Superintendent
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111802 - 4b - Consent Alley Paving Petition
Page 2 of 3
RESOLUTION NO. __________
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A REPORT TO DETERMINE THE FEASIBILITY OF
PAVING THE ALLEY LOCATED IN THE 7600 & 7700 BLOCKS OF
EDGEBROOK DRIVE
WHEREAS, the City Council of the City of St. Louis Park has received a petition
signed by affected property owners related to alley paving in the 7600 & 7700 blocks of
Edgebrook Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
St. Louis Park, Minnesota, that:
1. The City’s Alley Paving Policy requires that a petition containing signatures from
at least 51% of the affected property owners be received in order to investigate the
feasibility and cost of construction.
2. A certain petition requesting the improvement of the alley in the 7600 & 7700
block of Edgebrook Drive, filed with the Council on November 18, 2002, is
hereby declared to be signed by the required percentage of owners of property
affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035.
3. The petition is hereby referred to the City Engineer and she is instructed to report
to the Council with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is necessary, cost-effective, and
feasible and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improvement as
recommended.
Reviewed for Administration: Adopted by the City Council November 18, 2002
City Manager Mayo r
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111802 - 4b - Consent Alley Paving Petition
Page 3 of 3
Petition Signatures
for Concrete Alley Paving in
7600 & 7700 Block of Edgebrook Drive
Address
Petition Signed by Property
Owners
7601 Edgebrook Drive *
7605 Edgebrook Drive *
7609 Edgebrook Drive *
7613 Edgebrook Drive *
7701 Edgebrook Drive
7705 Edgebrook Drive *
7709 Edgebrook Drive *
7713 Edgebrook Drive
7717 Edgebrook Drive *
7721 Edgebrook Drive *
7725 Edgebrook Drive *
7729 Edgebrook Drive *
Petition signed by 10 of 12 properties (78%)
St. Louis Park City Council Agenda
Item: 111802 - 4c - TOLD Development Agmt., 1st Amendment
Page 1 of 2
4c.
Motion to approve the First Amendment to the Amended and Restated Contract
for Private Redevelopment By and Between St. Louis Park Economic Development
Authority and City of St. Louis Park and Meridian Properties Real Estate
Development LLC dated July 23, 2001.
Background:
At the September 9, 2002 Study Session the City Council directed staff to negotiate amendments
to the Development Agreement with Meridian Properties (TOLD Development) in order to
revise the Excelsior & Grand project construction schedule as well as to clarify several other
outstanding matters. Staff and the EDA’s legal counsel have completed negotiations with TOLD
and have agreed to an Amendment which is presented for EDA approval. Primary business
points of that Amendment are summarized below.
Amendment Business Points:
Ø The number of rental units required in Phase One was slightly modified from “approximately
350 units” to 338 units.
Ø The number of rental units required in Phase NE was changed from “approximately 79 units”
to 65 units and the minimum number of owner occupied units was increased from 35 to 45.
Ø TOLD will implement and maintain a parking permit system for residents of the Section 8
Units within the project.
Ø TOLD must retain a qualified housing development consultant to assist in development of
the owner-occupied housing component of the project and the Authority must approve the
selected consultant.
Ø The Authority is entitled to review and approve the articles, bylaws and declaration of
restrictive covenants for the townhome or condominium association created for the project.
Ø The Housing Association documents for the owner occupied housing must include the
following:
• That each unit owner be a member of the Association;
• That the Association have the authority to assess unit owners;
• That the Association establish a maintenance fund for exteriors, common areas and
utilities (including an annual assessment per unit that provides sufficient revenues to pay
maintenance and replacement costs);
• A long-term maintenance and replacement plan.
Ø The Authority and City may grant TOLD a temporary right of access over portions of the
Redevelopment Property for the sole purpose of storage and staging for construction for
future phases.
St. Louis Park City Council Agenda
Item: 111802 - 4c - TOLD Development Agmt., 1st Amendment
Page 2 of 2
Ø The construction schedule for several phases of the project was modified (see chart below).
Of particular note, the required final completion for Phase 1 was extended five months with
the understanding that entire buildings would be completed in stages between December
2002 and July 2003. Also, the start date for Phase NE (Phase 2) was changed from October
1, 2002 to July 1, 2003 for the owner-occupied housing and January 1, 2004 for the rental
portion. Most importantly, however, the required completion date for the entire project –
June 1, 2007 was not changed.
REVISED CONSTRUCTION SCHEDULE
Phase Target
Commencement
Required
Commencement
Target
Completion
Required
Completion
I Superblock
And Initial
Public
Improvements*
NA
(No Change)
8/20/01
(No Change)
9/1/02
(No Change)
Changed from
2/1/03 to 7/1/03
NE Small
Apartments/
Owner-Occupied
Housing
Changed from
6/1/02 to NA
Apts. changed
from 10/1/02 to
1/1/04
Owner-Occupied
changed from
10/1/02 to 7/1/03
Changed from
6/1/03 to NA
Apts. changed
from 12/31/03 to
3/1/05
Owner-Occupied
changed from
12/31/03 to
9/1/04.
NW Large
Apartments
Changed from
6/1/03 to 6/1/04
Changed from
4/1/04 to 4/1/05
Changed from
6/1/04 to 6/1/05
Changed from
8/1/05 to 8/1/06
E Small Office** Changed from
10/1/03 to
10/1/04
4/1/06
(No change)
Changed from
10/1/04 to
12/01/05
6/01/07
(No change)
Recommendation:
Staff recommends approval of the proposed “First Amendment to the Amended and Restated
Contract for Private Redevelopment” as presented.
Attachments: First Amendment to Amended and Restated Contract for Private Redevelopment
(See Attachment for Corresponding EDA item)
Prepared by: Greg Hunt
Economic Development Coordinator
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111802 - 4d - Planning Commission Minutes of Aug. 21
Page 1 of 3
OFFICIAL MINUTES
PLANNING COMMISSION STUDY SESSION
ST. LOUIS PARK, MINNESOTA
August 21, 2002 -- 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Phillip Finkelstein, Michael Garelick, Dennis Morris, Carl
Robertson, Jerry Timian
MEMBERS ABSENT: Michelle Bissonnette, Ken Gothberg
STAFF PRESENT: City Attorney Tom Scott, Judie Erickson, Janet Jeremiah, Nancy
Sells
GUEST: State Representative Betty Folliard
1. Call to order -- Roll Call
Vice-Chair Robertson called the meeting to order at 6:05 p.m.
2. Approval of Minutes of August 7, 2002
Commissioner Finkelstein moved approval of the minutes of August 7, 2002. The
motion was seconded by Commission Timian and passed 5-0.
3. Hearings: None
4. Study Session
A. Affordable Housing Legislation
Planning and Zoning Supervisor Janet Jeremiah provided a report regarding affordable
housing legislation adopted by the State Legislature in 2002.
City Attorney Tom Scott said new language has been added to the subdivision statute
stating that cities have the authority, with the agreement of the developer, to enter into
agreements to have an affordable-type housing component to a subdivision approval. At
this time, Mr. Scott is of the opinion that a city may not mandate affordable housing. Mr.
Scott added, it is, however, another matter if public money is involved.
Ms. Jeremiah commented it was her understanding that providing incentives for
developers to offer affordable housing probably would be acceptable, however, Ms.
Official Planning Commission Minutes
August 21, 2002
Page 2
Jeremiah added that the City cannot require affordable housing as a condition of
approval, unless a PUD modification is requested.
Commissioner Garelick said essentially there is no affordable housing in St. Louis Park.
Commissioners Morris and Timian offered opposing perspectives.
State Representative Betty Folliard said homes in St. Louis Park were built for the about-
to-be baby boomer families.
Ms. Jeremiah discussed regulatory barriers.
Commissioner Garelick does not want the quality of the housing stock to be diminished.
Commissioner Finkelstein said the City cannot wait for developers to approach the City,
he suggested choosing an area in which to develop affordable housing and, perhaps, it
would have to be a condominium development as opposed to single-family homes.
Representative Folliard said although seniors are staying in their homes longer, there is a
need for senior housing in St. Louis Park, such as condominiums, which in turn may free
up some of the housing stock.
B. Nonconformities
Ms. Jeremiah presented a brief overview of the nonconformities ordinance. She said
some of the nonconformities are due to the restructuring of the Zoning Code, i.e., pre-
1992 code allowed many uses that are no longer allowed in a given zoning district.
Changes in amortization law were discussed, and a brief overview of how
nonconformities are handled for different situations was discussed. Ms. Jeremiah said
existing nonconformities are only expected to be brought into conformance to the extent
reasonable and possible for special permits and new uses in existing multi-tenant
buildings. Otherwise, they must all be removed for other CUPs, PUDs, and building
permits for additions.
The discussion turned to Item 4E, the Texa-Tonka Study. Planning Coordinator Judie
Erickson discussed some of the issues regarding the Texa-Tonka area, i.e., Minnetonka
Blvd., access to Minnetonka Blvd., high accident rate, and the condition of the Texa-
Tonka shopping center. Ms. Erickson said the City is negotiating with Jeff Fine. Mr.
Fine is the property owner of Texa-Tonka shopping center, the bowling alley, and the
northeast corner of Texas and Minnetonka Blvd. Ms. Erickson reported that about 2/3 of
the neighbors surrounding the Texa-Tonka shopping center do not want Virginia Avenue
to be vacated, as proposed by Mr. Fine. Mr. Fine will apply for a PUD.
Commissioner Morris asked if Hennepin County is involved in the issues surrounding
Texas Avenue and Minnetonka Blvd., and Ms. Erickson said the City would like to
present a plan to the County to ask for their support.
Official Planning Commission Minutes
August 21, 2002
Page 3
C. Elmwood Study Update
Ms. Erickson presented a report on the Elmwood Area Study. She discussed the 36th
Street access. Ms. Erickson reported that the Elmwood neighborhood has come up with a
position paper stating that they favor the compressed diamond design. SRF Consultants
is involved in the study. Ms. Erickson said the plans will go to a developer roundtable
and to a technical advisory committee, which consists of individuals from Metro Transit
and the Metropolitan Council. A consultant will present revised solutions based on the
comments received. These will be considered by the Community Advisory Committee
before being discussed at a future Open House.
D. SW Corridor Study
Ms. Erickson presented information on the Southwest Corridor.
E. Texa-Tonka Study
See Item 4B for discussion regarding the Texa-Tonka Study.
5. Communications
A. Park Commons Construction Tour
There was discussion regarding a tour of Park Commons for the Commissioners for
September 4th.
6. Adjournment
Vice-Chair Robertson adjourned the meeting at 8:35 p.m.
Minutes prepared by: Respectfully submitted by:
Linda Samson Nancy Sells
Recording Secretary Administrative Secretary
St. Louis Park City Council Agenda
Item: 111802 - 4e - Planning Commission Minutes of Sept. 18
Page 1 of 3
OFFICIAL MINUTES
PLANNING COMMISSION – STUDY SESSION
ST. LOUIS PARK, MINNESOTA
September 18, 2002 -- 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michael Garelick, Ken Gothberg
MEMBERS ABSENT: Michelle Bissonnette, Phillip Finkelstein, Dennis Morris,
Carl Robertson, Jerry Timian
STAFF PRESENT: Tom Harmening, Janet Jeremiah, Kathy Larsen, Michele
Schnitker, Nancy Sells
GUEST: Bob Cunningham, TOLD Development
1. Call to Order
Chair Gothberg called the meeting to order at 6:12 p.m.
2. Study Session
A. Housing Discussion
Michele Schnitker, Housing Supervisor, provided background on the interest of
the City Council in holding a series of joint meetings between the City Council,
Housing Authority, Planning Commission, School Board and a business
representative to discuss the status of housing in St. Louis Park. Staff proposes a
two level group meeting approach with a series of nine meetings held over a one-
year period. A large group meeting of all participants would be held initially
regarding City demographics, housing data, historical and future housing trends in
the City, current housing policies, strategies, goals and existing programs. Ms.
Schnitker said the emphasis on the first meeting would be education. Staff
proposes then to establish a steering committee of representatives from each of the
groups which would look at more specific housing topics and report back to the
large group at progress/check-in meetings. Progress meetings would allow the
large group to review the findings and discuss policy implications.
Ms. Schnitker reported that at its October 9 study session, the City Council
indicated an interest in establishing the initial meeting. The Council
recommended that at the end of that meeting next steps should be discussed;
whether or not to continue with a two level group approach or consider a different
Official Minutes
Planning Commission
September 18, 2002
Page 2
process. All School Board members will be invited to attend the large group
meetings. One member, selected by the School Board, will serve as a member of
the Steering Committee.
Ms. Schnitker said that housing topics which have been identified include:
demographic indicators, housing indicators, current housing production goals,
multi-family/single family housing ratio, ownership/rental ratio, condition of
existing housing stock, housing preservation, move-up housing,
affordable/workforce/housing with services, senior housing, regional housing
status and trends, land use, and transportation.
Ms. Schnitker reviewed the proposed process for governance, public review and
comment, and facilitation. She invited commissioners to provide feedback
regarding the proposed topics and series of meetings. Ms. Schnitker said that in
accordance with the City Council’s wishes, staff is moving ahead with steps to
hold the initial meeting.
Commissioner Garelick distributed St. Louis Park real estate data and asked that it
be incorporated into the initial meeting materials. He added that updated data can
be provided closer to the meeting. Commissioner Garelick suggested that the data
will show that the average person in St. Louis Park can’t afford to buy the house
they are in.
Mr. Harmening said the first meeting is intended to give participants a thorough
overview of the overall housing situation in St. Louis Park which would lead to
subsequent, focused conversations on such topics as affordable housing and new
housing production.
Commissioner Garelick commented on the desirability of living in St. Louis Park
as a reason why housing costs are high.
Ms. Schnitker said staff hopes the initial meeting will take place by the end of the
year or first of the year.
Mr. Harmening said staff will be working with Twin West Chamber to help the
City define who the business representative might be.
B. Park Commons – Phase II
Janet Jeremiah, Planning and Zoning Supervisor, provided background on
TOLD’s proposal for Phase II options and timing. She said the specific proposal
has not yet been refined and is presented as three options. She added that the
proposed change in schedule will require the EDA to amend the development
agreement.
Official Minutes
Planning Commission
September 18, 2002
Page 3
Chair Gothberg asked Mr. Cunningham to comment on the elements which
affected the timing. He asked him to also comment on the options proposed for
Phase II.
Mr. Cunningham spoke about elements which affected the timing of Phase II. He
also spoke about the lease-out schedule, market feedback, design considerations,
and pricing.
Commissioner Garelick remarked that the condominium market is very strong at
the price Mr. Cunningham referred to. He said he is very optimistic about
condo sales in the project given the quality, location and amenities.
Commissioner Garelick added that one-level townhomes are very much in
demand. Mr. Cunningham said that TOLD has received interest in condos from
all age groups.
Mr. Cunningham presented a draft preliminary site plan for Phase II which
illustrated plans for a 40 unit condominium building of four levels and an 80 unit
apartment building. There was a discussion about residential parking for the
project.
Chair Gothberg remarked that the Planning Commission generally favored more
owner occupied housing than what was in the original plan.
Mr. Cunningham said TOLD will be refining the plan for Phase Two in the
coming months and they anticipate working through the approval process during
the winter months.
3. Adjournment
Chair Gothberg adjourned the meeting at 7:15 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Agenda
Item: 111802 - 4f - Telecommunications Commission Minutes of August 8
Page 1 of 5
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF AUGUST 8, 2002 at 7:00 p.m.
ST. LOUIS PARK CITY HALL, WESTWOOD ROOM
MEMBERS PRESENT: Bruce Browning, Ken Huiras, Bob Jacobson, Mary Jean
Overend, and Rolf Peterson.
Rick Dworsky arrived at 7:30 p.m.
MEMBERS ABSENT: Dale Hartman
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator and John McHugh,
Community TV Coordinator
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs
Administrator; Lon Hall, Time Warner Cable MDU
Administrator; Karen O’Toole, Housing Administrator of
Menorah Plaza; and Linda Samson, Recording Secretary
1. Call to Order
Acting Chair Browning called the meeting to order at 7:00 p.m.
2. Roll Call
Present at roll call were Commissioners Bruce Browning, Ken Huiras, Bob Jacobson, Mary
Jean Overend, and Rolf Peterson; City Staff Reg Dunlap and John McHugh; and Recording
Secretary Linda Samson.
New Commissioner Rolf Peterson was introduced.
3. Approval of Minutes for May 9, 2002
Corrections:
From Commissioner Huiras: Page 2, Paragraph 3, Line 3, change Cable to
Telecommunications.
From Commissioner Huiras: Page 3, Paragraph 1, Line 2, change Jacobs to Jacobson.
It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approve the
minutes as amended.
The motion passed 5-0.
4. Adoption of Agenda
Commissioner Huiras would like to add a discussion regarding School Board, general update,
and the $38,000.00 grant to Item 6, Old Business, as Item 6B.
St. Louis Park City Council Agenda
Item: 111802 - 4f - Telecommunications Commission Minutes of August 8
Page 2 of 5
It was moved by Commissioner Jacobson, seconded by Commissioner Huiras, to approve the
agenda as amended.
The motion passed 5-0.
5. New Business
5A Time Warner Preemption of Channel 6 as a Security Channel
Karen O’Toole, Housing Administrator of Menorah Plaza, 4925 Minnetonka Blvd.,
provided background information regarding the preemption of channel 6 as a security
channel at Menorah Plaza. Menorah Plaza is a 151-unit, one- and two-bedroom
apartment building, with some handicapped accessible units, in a controlled-entry
building. The average age of its residents is 85 years old, and many of them are native
Russian speaking. An informational background sheet was included in the
Commissioners’ packets, dated July 30, 2002, and prepared by Community TV
Coordinator John McHugh.
Ms. O’Toole thinks the Time Warner Cable (TWC) recurring charge, which is unrelated
to actual subscription level, is unreasonable. There are about 40 TWC subscribers in the
building. According to O’Toole, prior to wiring, TWC stated they would add Menorah
Plaza’s security channel 6 to their system. Ms. O’Toole doesn’t object to a one-time
equipment and installation charge, but does object to a monthly fee. Ms. O’Toole noted
that every apartment has two television connections: a master cable antenna, installed
when the building was constructed 21 years ago and the Time Warner installed cable.
Ms. O’Toole was referred to the Telecommunications Commission, and she would like
clarification and help. She stated that it is inappropriate for Menorah Plaza to pay for
apartment units that are not on the TWC system.
Another issue is the use of channel 6, which is a required channel on basic cable and
mandated in the franchise agreement.
Lon Hall, TWC MDU Administrator, said Sholom Home wired its own building with
what is called a swing system. Mr. Hall said a line feeds into a distribution box and it
goes either to the building’s master antenna or it swings to TWC cable. Sholom Home’s
security system is carried on their master antenna. Mr. Hall said the charge of .25 cents is
an administrative charge. Menorah Plaza does not have a swing system, however,
Menorah Plaza has two outlets, i.e., one for the master antenna for the building and one
for the cable system. The master antenna carries access for the security camera, the cable
does not. Mr. Hall said in exchange for access, TWC will not charge Sholom Home for
its cable security camera, and the same will be true for the Roitenberg Family Assisted
Living Residence when it opens.
Ms. O’Toole said she had no knowledge that she could have negotiated the same
agreement—no charge to Menorah Plaza in exchange for TWC to gain access.
St. Louis Park City Council Agenda
Item: 111802 - 4f - Telecommunications Commission Minutes of August 8
Page 3 of 5
Commissioner Dworsky arrived at 7:30 p.m.
Ms. O’Toole and Mr. Hall will discuss options for a remedy after the meeting or on
August 9th.
Arlen Mattern, TWC Public Affairs Administrator, said the channel 6 signal is being sent
to Menorah Plaza but they are not taking the channel. Mr. Mattern would like additional
time to review the facts and come up with a solution to the channel 6 issue. He asked that
the Telecommunications Commission not take this matter to the City Council until TWC
has worked with City Staff.
It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to direct
Lon Hall, Arlen Mattern, Karen O’Toole, and City Staff to meet prior to the
Telecommunications Commission meeting of October 17, 2002 to discuss the issues
related to this item and provide a recommendation to the Telecommunications
Commission.
The motion passed 6-0.
5B Time Warner Annual Filings
Civic TV Coordinator Reg Dunlap said the franchise fee auditor, Scott Lewis, has
requested specific information in regard to the financials.
Commissioner Jacobson requested information be given to the Commission regarding
direct versus indirect ownership of the cable system.
Commissioner Dworsky requested rules for leased access be provided to the
Commission, and to include what channels are designated leased access.
5C Time Warner Customer Service Update
Deb Squire of TWC will discuss this item in detail at the October 17, 2002 meeting.
5D Franchise Renewal Progress Report
John McHugh said that he has been working with the St. Louis Park Business Council to
assess their membership’s needs, and plans to work those needs into the renewal talks.
5E Future Options for School Board and City Council Meeting Replays on Civic 17
Mr. Dunlap reported that Councilmember Nelson stated he would like City Council
meetings to air more often. Mr. Dunlap said School Board meetings could air on a
different channel to accommodate greater air time for City Council meetings and,
perhaps, Planning Commission meetings.
St. Louis Park City Council Agenda
Item: 111802 - 4f - Telecommunications Commission Minutes of August 8
Page 4 of 5
Commissioner Jacobson said he often comes across School Board meetings, and he
favors running other meetings more often.
Mr. Dunlap will check for vacancies on channel 16 to air City Council meetings.
Commissioner Jacobson suggested airing fewer Planning Commission meetings.
Commissioner Huiras thinks channel 14 should be for school-related programming,
including adding School Board meetings to that channel.
Commissioner Peterson requested airing City Council meetings on Sunday nights.
Commissioner Jacobson expressed his desire for more adult learning programs.
5F Telecommunications Commission Grants for Specific Programs
Mr. Dunlap discussed various grant options for the Commission to consider.
Commissioner Jacobson requested Staff develop an outline for the Commission to
consider. Commissioner Browning said that a Telecommunications Commission
subcommittee could evaluate the grant applications.
5G By-Laws Reviewed
By-laws will be reviewed at the October 17, 2002 meeting. Prior to that meeting, Mr.
Dunlap will distribute copies of the by-laws to the Commissioners via email.
5H Competitive Broadband Issues
Mr. Dunlap said competition for broadband is poor. An article by Joe Estrella was
included in tonight’s packet.
6. Old Business
6A Update: Auditing Time Warner Cable Franchise Fees
Mr. Dunlap reported auditor Scott Lewis found about 1,000 addresses on the City’s list
that were absent from TWC’s list of all addresses in St. Louis Park. The discrepancy
may indicate underreporting of franchise fees because funds may be misdirected to
communities other than St. Louis Park. Mr. Dunlap will follow up with Kim Roden.
6B School Board Update
St. Louis Park City Council Agenda
Item: 111802 - 4f - Telecommunications Commission Minutes of August 8
Page 5 of 5
Commissioner Huiras asked if information has come in from the school board regarding
programming reports, inventory updates, school needs, equipment, and their requests for
the next two years.
Mr. Dunlap responded no, and he has not received a response in regard to his letter to Dr.
Barb Pulliam.
Commissioner Huiras wants updates on School Board activities at every meeting.
Mr. Dunlap said Commissioner Peterson is the School Board appointee.
7. Reports
Commissioner Dworsky asked about a revised list of digital music channels, since there
had been several recent changes. Mr. Mattern said that typically the list is updated
annually.
8. Communications from the Chair: None
9. Communications from City Staff
Mr. Dunlap attended a demonstration of video on demand (VOD), and he was impressed
by what he saw.
Mr. Dunlap reported that effective July 31, 2002, TWC will no longer impose fees to
upgrade or downgrade services.
10. Adjournment
It was moved by Commissioner Dworsky, seconded by Commissioner Huiras, to adjourn
the meeting at 9:35 p.m.
The motion passed 6-0.
Minutes prepared by: Respectfully submitted by:
Linda Samson Reg Dunlap
Recording Secretary Civic TV Coordinator
St. Louis Park City Council Agenda
Item: 111802 - 6a - Traveling Basketball Premises Permit
Page 1 of 2
6a. Public Hearing to Consider Resolution Authorizing Renewal of Gambling
Premises Permit for St. Louis Park Boy’s Traveling Basketball Association at
Texa-Tonka Lanes, located at 8200 Minnetonka Blvd.
Recommended
Action:
Mayor to close public hearing. Motion to approve the resolution
authorizing renewal.
Background:
The St. Louis Park Traveling Basketball Association has submitted an application for a
Gambling Premises Permit at Texa Tonka Lanes, 8200 Minnetonka Blvd. The organization
holds a Class B license and conducts lawful gambling at this site only. The Association donates
approximately $40,000 annually to the youth basketball program for boys in grades four through
nine. The association also directs a percentage of their gross profit to charities located in St.
Louis Park.
All requirements for issuance of the license have been met. Notification was made to property
owners within 350 feet of the establishment and no calls have been received in response to that
mailing. The Police Department has conducted a background investigation of the organization
and its officers.
The City Council must act to approve or deny the renewal before it is submitted to the State
Gambling Control Board. If approved, a copy of the resolution passed by the Council will be
submitted to the State.
Attachments: Resolution
Prepared by: Cynthia D. Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111802 - 6a - Traveling Basketball Premises Permit
Page 2 of 2
RESOLUTION NO. 02-___
A RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT
FOR LAWFUL GAMBLING
St. Louis Park Traveling Basketball Association
At Texa Tonka Lanes, 8200 Minnetonka Boulevard
WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance
Section 13-1600 , provide for lawful gambling licensing by the State Gambling Control Board;
and
WHEREAS, a licensed organization may not conduct lawful gambling at any site
unless it has first obtained from the Board a premise permit for the site; and
WHEREAS, the Board may not issue or renew a premises permit unless the
organization submits a resolution from the City Council approving the premises permit;
therefore,
BE IT RESOLVED by the City of St. Louis Park City Council that the applicant
listed below meets the criteria necessary to receive a premises permit, and the application is
hereby approved
St. Louis Park Traveling Basketball Association
At Texa Tonka Lanes, 8200 Minnetonka Boulevard
St. Louis Park Minnesota 55426
Reviewed for Administration: Adopted by the City Council November 18, 2002
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111802 - 8a - Pawn Ordinance
Page 1 of 15
8a. Second reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of
the St. Louis Park Municipal Code concerning pawnbrokers and providing a
penalty for violation.
This ordinance authorizes the City of St. Louis Park to become part of the Automated
Pawn System (APS).
Recommended
Action:
Motion to approve the resolution setting fees, approve second
reading of ordinance as amended, adopt ordinance, approve
summary and authorize publication.
Background:
This ordinance was brought before Council on November 4, 2002, for first reading. The
ordinance was reviewed in summary fashion, and we then outlined feedback received from Excel
Pawn regarding the proposed ordinance. Excel Pawn, a licensed St. Louis Park pawn shop,
raised questions regarding the following four items contained in the ordinance:
1. On the last page of the ordinance, under Section 3, the effective date is 15 days after passage
and publication. Excel Pawn felt that 15 days was an inadequate period of time to acquire
and transition to new software and proposed a 90-day transition period from the effective
date.
2. Under Section 8-431, Subsection g, the ordinance requirement was that any payment of
$250 or more shall be by check, draft or other non-negotiable instrument. Excel Pawn
pointed out that they are a currency exchange also, and simply ended up cashing their own
checks. They proposed that this subsection be deleted.
3. Section 8-431, Subsection h, prohibits a licensed pawnshop from doing business for 1 year
with any customer who has conducted 6 transactions in a 6-month period of time. Excel
Pawn felt this restriction was unnecessary and proposed that this subsection be deleted.
4. Under Section 8-430, subsection 3, a customer is required to provide name, address, and
phone number for purchases of $100 or more. Excel Pawn felt that this is unnecessary and
might cause some customers to walk out. Their proposal was that this subsection be deleted.
Police staff felt that the proposals made by Excel Pawn in items 1, 2 and 3 were reasonable.
However, police staff did not support the proposal made by Excel Pawn regarding item 4.
Mayor Jacobs and the Council directed police staff to work with the City Attorney to amend this
ordinance to incorporate the changes supported by police staff within items 1, 2 and 3.
The attached pawn ordinance has been amended by the City to reflect the changes proposed in
items 1, 2 and 3.
St. Louis Park City Council Agenda
Item: 111802 - 8a - Pawn Ordinance
Page 2 of 15
Recommendation: Staff recommends approval of the amended ordinance.
Attachments: Redlined Ordinance showing changes
Ordinance Summary for Publication
Prepared By: John D. Luse, Chief of Police
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111802 - 8a - Pawn Ordinance
Page 3 of 15
ORDINANCE NO. 02-_______
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, SUBDIVISION XII, OF THE
ST. LOUIS PARK MUNICIPAL CODE CONCERNING PAWNBROKERS AND
PROVIDING A PENALTY FOR VIOLATION
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Repealer. Chapter 8, Sections 8-421 through 8-425 of the St. Louis Park
Municipal Code are hereby repealed in their entirety.
Section 2. Chapter 8 of the St. Louis Park Municipal Code is hereby amended to add
new sections 8-421 through 8-437 which read as follows:
Subdivision XII. Pawnbroker
8-421 Purpose.
(a) The City Council finds that the use of services provided by pawnbrokers potentially
provides an opportunity for the commission of crimes and their concealment because such
businesses have the ability to receive and transfer stolen property easily and quickly. The City
Council also finds that consumer protection regulation is warranted in transactions involving
pawnbrokers. The purpose of this Section is to prevent pawn businesses from being used as
facilities for the commission of crimes and to assure that such businesses comply with basic
consumer protection standards, thereby protecting the public health, safety, and general welfare of
the citizens of the City.
(b) To help the Police Department better regulate current and future pawn businesses, decrease
and stabilize costs associated with the regulation of the pawn industry, and increase identification of
criminal activities in the pawn industry through the timely collection and sharing of pawn
transaction information, this Section also implements and establishes the required use of the
Automated Pawn System (APS).
8-422. Regulations Adopted.
The regulations pertaining to pawnbrokers set forth in Minn. Stat. Ch. 325J, as amended,
are hereby adopted herein by reference as if fully stated herein.
8-423. General Provisions Apply.
All provisions of Chapter 8, Article II: General Provisions, apply to this section unless
stated otherwise in the individual provisions of this Section.
8-424. License Required.
No person shall engage in the business of pawnbroker in the City without first obtaining a
license from the City.
8-425 Application.
St. Louis Park City Council Agenda
Item: 111802 - 8a - Pawn Ordinance
Page 4 of 15
(a) Form of Application. In addition to any information that may be required by the County
pursuant to Minn. Stat. § 471.924, every application for a license under this Section shall be made
according to provisions contained in sections 8-36 of this Chapter.
(b) Application Verification. All applications for pawnbroker licenses shall be referred to the
Police Department for verification and investigation of the facts set forth in the application. The
Police Department shall make a written report and recommendation to the City Clerk as to issuance
or non-issuance of the license. The City Clerk may order and conduct such additional investigation
as deemed necessary.
8-426. Licensee Eligibility.
(a) To be eligible for or to maintain a pawnbroker license, a person must operate lawfully and
fairly within the purposes of Minn. Stat. Ch. 325J and this Section and:
(1) may not be a minor at the time that the application for a pawnbroker's license is
filed;
(2) may not have been convicted of any crime directly related to the occupation licensed
as prescribed by Minn. Stat. Section 364.03, subdivision 2, unless the person has
shown competent evidence of sufficient rehabilitation and present fitness to perform
the duties of a licensee under this Chapter as prescribed by Section 364.03,
subdivision 3; and
(3) must be of good moral character or repute.
(4) must not hold an intoxicating liquor license within the City.
8-427. License Restrictions.
(a) Number of Licenses Issued. On the effective date of this Subdivision XII, the maximum
allowable number of pawnbroker licenses shall be two. Pawnbroker licensees existing on the
effective date of this Subdivision XXI are eligible to apply for renewal at the existing licensed
premises, and if renewed, may continue until the license for that licensed premises is revoked or
is not renewed.
(b) License Transfer Not Allowed. Each license under this Section shall be issued to the
applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or
assign a license to another person.
(c) Inactive License. The City Council may revoke the pawn license of any business that
shows no pawn activity for a period of six months. A hearing shall be held to determine the
status of the pawn operation and if satisfactory intent to do business under the license is not
demonstrated, the City Council may revoke the license.
(d) Premises. A license under this division shall be issued only for the exact rooms and
square footage of the premises described in the application.
(e) Zoning requirements met. No license shall be granted until all applicable zoning
requirements are met or until all conditions for approval of the use have been satisfied.
8-428. Fees.
(a) Investigation Fee. An applicant for any license under this Chapter shall, at the time an
original application is submitted, pay the City a nonrefundable investigation fee as set from time to
St. Louis Park City Council Agenda
Item: 111802 - 8a - Pawn Ordinance
Page 5 of 15
time by the city council and listed in appendix A to this Code, to cover the costs involved in
verifying the license application and to cover the expense of any investigation needed to assure
compliance with this Section.
(b) License Fee. The licensee shall pay an annual license fee as set from time to time by the
city council and listed in appendix A to this Code.
(c) Billable Transaction Fees. Licensees shall pay a monthly transaction fee on all billable
transactions as defined in section 8-429 (b). Such fee shall be as set from time to time by the city
council and listed in appendix A to this Code. Billable transaction fees are payable within thirty
(30) days. Failure to timely pay the billable transaction fee shall constitute a violation of this
Section.
8-429. Transactions.
(a) Reportable Transactions. Every transaction conducted by a pawnbroker in which
merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is
renewed, extended, redeemed or voided, is a reportable transaction except:
(1) The bulk purchase or consignment of new or used merchandise from a merchant,
manufacturer, or wholesaler having an established permanent place of business, and
the retail sale of said merchandise, provided the pawnbroker must maintain a record
of such purchase or consignment which describes each item, and must mark each
item in a manner which relates it to that transaction record.
(2) Retail and wholesale sales of merchandise originally received by pawn or purchase,
and for which all applicable hold and/or redemption periods have expired.
(b) Billable Transactions. Billable transactions are defined as every reportable transaction
conducted by a pawnbroker, except renewals, redemptions, or extensions of existing pawns on items
previously reported and continuously in the licensee’s possession.
8-430. General Operating Requirements.
(a) Records Required. At the time of any reportable transaction other than renewals,
extensions or redemptions, every licensee must immediately record in English the following
information by using ink or other indelible medium on forms or in a computerized record
approved by the police department:
(1) A complete and accurate description of each item including, but not limited to,
any trademark, identification number, serial number, model number, brand name,
or other identifying mark on such an item.
(2) The purchase price, amount of money loaned upon, or pledged therefor.
(3) The maturity date of the transaction and the amount due, including monthly and
annual interest rates and all pawn fees and charges.
(4) Date, time and place the item of property was received by the licensee, and the
unique alpha and/or numeric transaction identifier that distinguishes it from all
other transactions in the licensee's records. Transaction identifiers must be
consecutively numbered.
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Item: 111802 - 8a - Pawn Ordinance
Page 6 of 15
(5) Full name, current residence address, current residence telephone number, date of
birth and accurate description of the person from whom the item of the property
was received, including: sex, height, weight, race, color of eyes and color of hair.
(6) The state of issue and identification number from a current valid photo driver’s
license or a current valid state photo identification card from any state or from any
province of Canada.
(7) The signature of the person identified in the transaction.
(b) Photographs Required. Effective ninety (90) days from the effective date of this
Subdivision XII, the licensee must also take a color photograph or color video recording of:
(1) Each customer involved in a billable transaction.
(2) Every item pawned or sold that does not have a unique serial or identification
number permanently engraved or affixed.
(3) Photographs must be at least two (2) inches in length by two (2) inches in width
and must be maintained in such a manner that the photograph can be readily
matched and correlated with all other records of the transaction to which they
relate. Such photographs must be available to the chief of police, or the chief's
designee, upon request. The major portion of the photograph must include an
identifiable front facial close-up of the person who pawned or sold the item.
Items photographed must be accurately depicted. The licensee must inform the
person that he or she is being photographed by displaying a sign of sufficient size
in a conspicuous place in the premises. If a video photograph is taken, the video
camera must zoom in on the person pawning or selling the item so as to include
an identifiable close-up of that person's face. Items photographed by video must
be accurately depicted. Video photographs must be electronically referenced by
time and date so they can be readily matched and correlated with all other records
of the transaction to which they relate. The licensee must inform the person that
he or she is being videotaped orally and by displaying a sign of sufficient size in a
conspicuous place on the premises. The licensee must keep the exposed
videotape for three (3) months, and furnish it to the police department upon
request.
(c) Digitized Photographs. Licensees may fulfill the color photograph requirements in
Subsection 8-430 (b) by submitting them as digital images, in a format specified by the issuing
authority, electronically cross- referenced to the reportable transaction they are associated with.
Notwithstanding the digital images may be captured from required video recordings, this
provision does not altar or amend the requirements in Subsection 8-430(b).
(d) Renewals, Extensions and Redemptions. For renewals, extensions and redemptions, the
licensee shall provide the original transaction identifier, the date of the current transaction, and
the type of transaction.
(e) Disposition of Articles.
(1) When an article of pawned or pledged property is redeemed from a licensee, the
records shall contain an account of such redemption with the date, interest charges
accrued, and the total amount for which the article was redeemed.
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Item: 111802 - 8a - Pawn Ordinance
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(2) When an article of purchased or forfeited property is sold or disposed of by a
licensee and the licensee receives One Hundred Dollars ($100.00) or more in the
payment thereof, the records shall contain an account of such sale with the date,
the amount for which the article was sold, and the full name, current address, and
telephone number of the person to whom sold.
(f) Inspection of Records. The records must at all reasonable times be open to inspection by
the police department or department of licenses and consumer services. Data entries shall be
retained for at least three (3) years from the date of transaction. Entries of required digital
images shall be retained a minimum of ninety (90) days.
(g) Daily Reports to Police. Effective ninety (90) days from the effective date of this
Subdivision XII, licensees must submit every reportable transaction to the police department
daily in the following manner:
(1) Licensees must provide to the police department all information required in
Section 8-430 (a) through (f) and other required information, by transferring it
from their computer to the Automated Pawn System via modem. All required
records must be transmitted completely and accurately after the close of business
each day in accordance with standards and procedures established by the issuing
authority using procedures that address security concerns of the licensees and the
issuing authority. The licensee must display a sign of sufficient size, in a
conspicuous place in the premises, which informs all patrons that all transactions
are reported to the police department daily.
(2) Billable Transaction Fees. Licensees will be charged for each billable transaction
reported to the police department.
(3) If a licensee is unable to successfully transfer the required reports by modem, the
licensee must provide the police department printed copies of all reportable
transactions along with the video tape(s) for that date, by 12: 00 the next business
day;
(4) If the problem is determined to be in the licensee's system and is not corrected by
the close of the first business day following the failure, the licensee must provide
the required reports as detailed in Section 8-430 (g) (3), and must be charged a
fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected; or
(5) If the problem is determined to be outside the licensee's system, the licensee must
provide the required reports in Section 8-430 (g) (3), and resubmit all such
transaction via modem when the error is corrected.
(6) If a licensee is unable to capture, digitize or transmit the photographs required in
Section 8-430 (c), the licensee must immediately take all required photographs
with a still camera, cross-reference the photographs to the correct transaction, and
make the pictures available to the Police Department upon request.
(7) Regardless of the cause or origin of the technical problems that prevented the
licensee from uploading their reportable transactions, upon correction of the
problem, the licensee shall upload every reportable transaction from every
business day the problem had existed.
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Item: 111802 - 8a - Pawn Ordinance
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(8) The Police Department may, upon presentation of extenuating circumstances,
delay the implementation of the daily reporting penalty.
(h) Receipt Required. Every licensee must provide a receipt to the party identified in every
reportable transaction and must maintain a duplicate of that receipt for three (3) years. The
receipt must include at least the following information:
(1) The name, address and telephone number of the licensed business.
(2) The date and time the item was received by the licensee.
(3) Whether the item was pawned or sold, or the nature of the transaction.
(4) An accurate description of each item received including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or
other identifying mark on such an item.
(5) The signature or unique identifier of the licensee or employee that conducted the
transaction.
(6) The amount advanced or paid.
(7) The monthly and annual interest rates, including all pawn fees and charges.
(8) The last regular day of business by which the item must be redeemed by the
pledger without risk that the item will be sold, and the amount necessary to
redeem the pawned item on that date.
(9) The full name, current residence address, current residence telephone number, and
date of birth of the pledger or seller.
(10) The state of issue and identification number from a current valid photo driver’s
license or a current valid state photo identification card from any state or from any
province of Canada.
(11) Description of the pledger or seller including approximate sex, height, weight,
race, color of eyes and color of hair.
(12) The signature of the pledger or seller.
(13) All printed statements as required by Minnesota Statute 325J.04, subdivision 2, or
any other applicable statutes.
(i) Redemption Period. Any person pledging, pawning or depositing an item for security
must have a minimum of ninety (90) days from the date of that transaction to redeem the item
before it may be forfeited and sold. During the ninety (90) day holding period, items may not be
removed from the licensed location except as provided in Section 8-430 (s). Licensees are
prohibited from redeeming any item to anyone other than the person to whom the receipt was
issued or, to any person identified in a written and notarized authorization to redeem the property
identified in the receipt, or to a person identified in writing by the pledger at the time of the
initial transaction and signed by the pledger, or with approval of the police license inspector.
Written authorization for release of property to persons other than original pledger must be
maintained along with original transaction record in accordance with Section 8-430 (h).
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Item: 111802 - 8a - Pawn Ordinance
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(j) Holding Period. Any item purchased or accepted in trade by a licensee must not be sold
or otherwise transferred for thirty (30) days from the date of the transaction. An individual may
redeem an item seventy-two (72) hours after the item was received on deposit, excluding
Sundays and legal holidays.
(k) Police Order to Hold Property.
(1) Investigative Hold. Whenever a law enforcement official from any agency
notifies a licensee not to sell an item, the item must not be sold or removed from
the premises. The investigative hold shall be confirmed in writing by the
originating agency within seventy-two (72) hours and will remain in effect for
fifteen (15) days from the date of initial notification, or until the investigative
order is canceled, or until an order to hold/confiscate is issued, pursuant to
Section 8-430 (k) (2), whichever comes first.
(2) Order to Hold. Whenever the chief of police, or the chief's designee, notifies a
licensee not to sell an item, the item must not be sold or removed from the
licensed premises until authorized to be released by the chief or the chief's
designee. The order to hold shall expire ninety (90) days from the date it is
placed unless the chief of police or the chief's designee determines the hold is still
necessary and notifies the licensee in writing.
(l) Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the
police chief or chief's designee may:
(1) Physically confiscate and remove it from the shop, pursuant to a written order
from the police chief or the chief's designee, or
(2) Place the item on hold or extend the hold as provided in Section 8-430 (k) (2), and
leave it in the shop.
(3) When an item is confiscated, the person doing so shall provide identification upon
request of the licensee, and shall provide the licensee the name and phone number
of the confiscating agency and investigator, and the case number related to the
confiscation.
(4) When an order to hold/confiscate is no longer necessary, the chief of police, or
chief's designee shall so notify the licensee.
(m) Inspection of Items. At all times during the terms of the license, the licensee must allow
law enforcement officials to enter the premises where the licensed business is located, including
all off-site storage facilities as authorized in Section 8-430 (s), during normal business hours,
except in an emergency, for the purpose of inspecting such premises and inspecting the items,
ware and merchandise and records therein to verify compliance with this chapter or other
applicable laws.
(n) Label Required. Licensees must attach a label to every item at the time it is pawned,
purchased or received in inventory from any reportable transaction. Permanently recorded on
this label must be the number or name that identifies the transaction in the shop's records, the
transaction date, the name of the item and the description or the model and serial number of the
item as reported to the police department, whichever is applicable, and the date the item is out of
pawn or can be sold, if applicable. Labels shall not be re-used.
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Item: 111802 - 8a - Pawn Ordinance
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(o) License Display. A license issued under this Section must be posted in a conspicuous
place in the premises for which it is used. The license issued is only effective for the compact
and contiguous space specified in the approved license application.
(p) Responsibility of Licensee. A licensee under this Section shall be responsible for the
conduct of the business being operated and shall maintain conditions of order. The conduct of
agents or employees of a licensee, engaged in performance of duties for the licensee, shall be
deemed the conduct of the licensee.
(q) Gambling. No licensee under this Section may keep, possess, or operate, or permit the
keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels,
punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of
any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under
Minn. Stat. Chapter 349, may be kept or operated and no raffles may be conducted on the licensed
premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed
premises as authorized by the director of the lottery pursuant to Minn. Stat. Chapter 349A.
(r) Penalty for Property Owner. It is unlawful for any person who owns or controls real
property to knowingly permit it to be used for pawn brokering without a license.
(s) Property to be Kept on Premises. All property deposited, left, pledged, pawned, or held for
sale must be stored in an enclosed facility and may not be stored outside of the premises. The City
may, however, permit the licensee to designate one (1) off premises locked and secured facility in
which the licensee may store only cars, boats, and other motorized vehicles. The licensee shall
permit immediate inspection of the facility at any time during business hours by the City. All
provisions in this section regarding record keeping and reporting shall apply to oversized items. All
property shall be stored in compliance with zoning and/or fire regulations and in an orderly manner
subject to inspection by the Fire Department. The premises shall also be equipped with an
operational security alarm.
8-431. Restricted Transactions
(a) Hours of Operation. No pawnbroker shall keep the pawnbroker business open for the
transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
(b) Minors. The pawnbroker shall not purchase or receive personal property of any nature on
deposit or pledge from any minor.
(c) Prohibited Goods. No licensee under this Section shall accept any item of property which
contains an altered or obliterated serial number or "Operation Identification" number or any item of
property whose serial number has been removed.
(d) Security Interest. No licensee nor any agent or employee of a licensee shall purchase,
accept, or receive any article of property knowing, or having reason to know, that the article of
property is encumbered by a security interest. For the purpose of this section, “security interest”
means an interest in property which secures payment or other performance of an obligation.
(e) True Owner. No licensee nor any agent or employee of a licensee shall purchase, accept, or
receive any article of property, from any person, knowing, or having reason to know, that said
person is not the true and correct owner of the property.
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Item: 111802 - 8a - Pawn Ordinance
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(f) Proper Identification. No licensee nor any agent or employee of a licensee shall purchase,
accept, or receive any article of property, from any person, without first having examined a current
valid photo driver’s license or a current valid state photo identification card from any state or from
any province of Canada.
8-432. Inspections by Police or Claimed Owner.
(a) Premises. Any licensee shall, at all times during the term of the license, allow the police
department to enter the premises, where the licensee is carrying on business, including all off-site
storage facilities as authorized in Section 8-430 (s), during normal business hours, except in an
emergency, for the purpose of inspecting such premises and inspecting the articles and records
therein to locate goods suspected or alleged to have been stolen and to verify compliance with this
Section or other applicable laws. No licensee shall conceal any article in his possession from the
police department.
(b) Property. All articles of property coming into the possession of any licensee shall be open
to inspection and right of examination of any police officer or any person claiming to have been the
owner thereof or claiming to have had an interest therein when such person is accompanied by a
police officer.
8-433. Conduct of Persons on Licensed Premises.
(a) Property of Another. No person may pawn, pledge, sell, leave, or deposit any article of
property not their own; nor shall any person pawn, pledge, sell, leave, or deposit the property of
another, whether with permission or without; nor shall any person pawn, pledge, sell, leave, or
deposit any article of property in which another has a security interest; with any licensee.
(b) Minors. No minor may pawn, pledge, sell, leave, or deposit any article of property with any
licensee.
(c) Proper Identification. No person may pawn, pledge, sell, leave or deposit any article of
property with any licensee without first having presented a current valid photo driver’s license or a
current valid state photo identification card from any state or from any province of Canada.
(e) False Identification. No person seeking to pawn, pledge, sell, leave, or deposit any article of
property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor
give a false or out of date address of residence or telephone number; nor present a false driver’s
license or identification card; to any licensee.
8-434 Required Signage.
(a) All licensees shall by adequate signage and separate written notice inform persons seeking
to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing
requirements.
(1) For the purpose of this Subsection, “adequate signage” shall be deemed to mean at
least one sign of not less than four (4) square feet in surface area, comprised of
lettering of not less than three-quarters (3/4) of an inch in height, posted in a
conspicuous place on the licensed premises and stating substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
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Item: 111802 - 8a - Pawn Ordinance
Page 12 of 15
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
(2) For the purpose of this Subsection, “separate written notice” shall be deemed to
mean either the receipt, as required in Section 13-1320. 12. (E), or a printed form,
incorporating a statement to the effect that the person pawning, pledging, selling,
leaving, or depositing the article is at least eighteen (18) years of age; is the true
owner of the article; and that the article is free of all claims and liens; which is
acknowledged by way of signature of the person pawning, pledging, selling, leaving,
or depositing the article.
8-435 General Restrictions.
(a) No pawnbroker licensed under this Section shall:
(1) Lend money on a pledge at a rate of interest above that allowed by law;
(2) Knowingly possess stolen goods;
(3) Sell pledged goods before the time to redeem has expired;
(4) Refuse to disclose to the City, after having sold pledged goods, the name of the
purchaser or the price for which the item sold; or
(5) Make a loan on a pledge to a minor.
8-436 Suspension or Revocation of License.
(a) The City Council may suspend or revoke a license issued under this Section upon a finding
of a violation of:
(1) any of the provisions of this Section;
(2) any state statute regulating pawnbrokers; or
(3) any state or local law relating to moral character and repute.
(b) A revocation or suspension by the City Council shall be preceded by written notice to the
licensee and a public hearing. The written notice shall give at least ten (10) days' notice of the time
and place of the hearing and shall state the nature of the charges against the pawnbroker. The notice
may be served upon the pawnbroker personally or by United States mail addressed to the most
recent address of the business in the license application.
8-437. Penalty.
Violation of any provision of this Section shall be a misdemeanor.
Section 3. Effective Date. This ordinance shall be effective fifteen days after passage and
publication.
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Reviewed for Administration: Adopted by the City Council ____________
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
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Item: 111802 - 8a - Pawn Ordinance
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SUMMARY
ORDINANCE NO.______
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, SUBDIVISION XII
OF THE ST. LOUIS PARK MUNICIPAL CODE
This ordinance states that Chapter 8, Article II, Subdivision XII of the St. Louis Park Municipal
Code be amended by repealing Sections 8-421 through 8-425 and adding Sections 8-421 through
8-437 relative to:
Pawnbroker regulations, licenses and fees, transactions, general operating requirements,
inspections, restrictions, required signage and penalties for violations.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council November 18, 2002
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: November 27, 2002
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Item: 111802 - 8a - Pawn Ordinance
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RESOLUTION NO. 02-____
A RESOLUTION ESTABLISHING FEES
FOR PAWNBROKER LICENSES ISSUED BY THE CITY
WHEREAS, the Municipal Code authorizes the City Council to establish fees for licenses
by resolution, and
WHEREAS, City fees related to pawnbroker operations have been considered taking into
account the cost of program administration and fees charged by other municipalities in the
metropolitan market.
NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2003, the Annual
License fee and New Applicant Investigation Fee be established as listed below.
BE IT FURTHER RESOLVED, that the Transaction Fee be set at the amount shown
below and become effective 90 days following the effective date of Ordinance No. 02-____.
Fee Amount
Annual License Fee $2000
Transaction Fee $1.50 per transaction
New Applicant Investigation Fee
(non refundable)
$1000
Reviewed for Administration: Adopted by the City Council November 18, 2002
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
Page 1 of 11
8b. Zoning ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36-
366 to add large item retail as a separate land use classification, correct the table
of bulk regulations to reflect previous amendments to residential setbacks, allow
use of certain exterior building materials for park buildings, and correct a code
formatting error relating to the location of required parking in the R-1, R-2 and
R-3 residential districts.
C-56-ZA as e 02
Recommended
Action:
Motion to approve first reading of the proposed Zoning Ordinance
amendments.
Background:
Staff is initiating miscellaneous amendments to the Zoning Ordinance, two are housekeeping
items to correct inconsistencies or formatting errors created by previous amendments or
recodifications. One addresses architectural standards for certain park buildings, and one adds a
land use classification for “large item retail”, which is subject to a different parking standard
from regular retail.
On November 6, 2002, the Planning Commission held a public hearing on this item and voted
5-0 to recommend approval of the Zoning Ordinance amendments.
Issues:
§ Why are changes proposed regarding architectural standards for certain park
buildings?
§ Why should large item retail be added as a separate land use classification?
§ What formatting errors need to be corrected?
§ What corrections need to be made to the table of bulk regulations for residential
setbacks?
Analysis of the Issues:
Ø Why are changes proposed regarding architectural standards for certain park
buildings?
Staff and the Planning Commission are proposing to allow architectural materials on smaller
park buildings to include wood in keeping with single-family residential materials. Currently,
the ordinance requires all park buildings to meet Class I standards and have exterior materials
consisting of brick, marble, granite/natural stone, stucco, copper, or glass. Residential buildings
with four or fewer dwellings are permitted to have wood, vinyl siding and prefinished metal as
class I materials. Staff and the Planning Commission are proposing to allow smaller park
buildings under 3,000 square feet to be faced with wood in keeping with small residential
structures but not metal and vinyl, which are not currently anticipated for use in parks.
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
Page 2 of 11
Prefinished metal has been considered for park roofs but was rejected as too
commercial/industrial in character.
According to the Comprehensive Plan, parks are an intricate part of the fabric of neighborhoods.
Parks can become the focal point of the neighborhood, enhancing the neighborhood’s identity
and stability. The majority of Park and Recreations’ smaller buildings are located in
neighborhood parks, which are surrounded by residential homes. Attached is a list of some of
the smaller park buildings and their sizes. Over the next 10 years many park structures and
shelters may be improved. Staff’s desire is to make these buildings look more residential in
nature so that they blend in with the residential neighborhoods with which they reside.
For example, the new shelter in Louisiana Oaks Park in the northwest corner of Louisiana and
Walker is proposed to be primarily wood and glass with a shingle roof. This blends well with
nearby residential but does not meet current Class I building material requirements. To allow
such park structures, staff and the Planning Commission are proposing to allow smaller park
buildings, under 3,000 square feet, to use wood as an exterior material, which is the same as
exterior materials on many residential structures.
Larger Park and Recreation buildings such as the Rec Center and Nelson building would have to
comply with 60% Class I material requirements enforced for commercial buildings, but smaller
shelter buildings and the Nature Center would be subject to the more lenient residential
standards, with the exception of vinyl and metal.
The following amendment is proposed:
Section 36-366(b)(5)(a)(1) – Class I exterior surface materials
Wood or vinyl siding and prefinished metal are class I and on residential buildings
containing four or fewer dwelling units in addition to the other class I materials listed in
this subsection. Wood is a class I material on park buildings under 3,000 square feet.
Ø Why should large item retail be added as a separate land use classification?
Currently the Ordinance distinguishes between retail and large item retail establishments in the
parking ordinance. This ordinance requires less parking for retail uses that sell large items such
as furniture, appliances and carpeting. The lower parking requirement was requested by an
applicant several years ago. The ordinance however does not distinguish between these two
types of uses in other ways nor does it define large item retail uses in the Land Use Descriptions
section. It does give examples in the parking ordinance.
In order to eliminate vagueness in both interpretation and enforcement, staff and the Planning
Commission are proposing to create a new Land Use Description for large item retail. The new
Land Use Descriptions will allow C of O’s and Registrations of Land Use to be issued
specifically for large item retail and will prohibit re-use as regular retail unless the higher
parking requirements can be met.
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
Page 3 of 11
The sections affected by this amendment are:
Section 36-115 -Table 36-115A
TABLE 36-115A
Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X
Retail N N N A A PC/PUD P P PC A A PUD
Retail, Large Item N N N N N P P N A A N
Section 36-142(d) – Commercial Use Definitions
Retail means a facility where merchandise or equipment is displayed and rented or sold and
where delivery of merchandise or equipment to the ultimate consumer is made. This use includes
limited production, repair or processing as an accessory use. Hours of operation generally begin
after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.;
although some convenience stores and grocery stores are open 24 hours per day. Characteristics
generally include high parking demand and high off-peak traffic generation; generally prefers
high visibility and access to major thoroughfares. This use includes but is not limited to camera
shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores,
delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor
vehicle sales, and motor fuel stations, and large item retail.
Retail, Large Item means a facility where large item merchandise or equipment is displayed and
rented or sold and where delivery of merchandise or equipment to the ultimate customer is made.
Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays
and weekends. The parking demand per square foot of building area is normally less than the
demand for general retail. This use includes but is not limited to, furniture stores, carpet stores,
large appliance stores; but excludes motor vehicle sales, pawnshops, and retail.
Section 36-193. C-1 neighborhood commercial district.
(b) Permitted uses. The following uses are permitted in the C-1 district if the use complies
with the commercial restrictions and performance standards of section 36-192 and does not
exceed intensity classification 4:
(14) Large item retail.
Section 36-194. C-2 general commercial district.
(b) Permitted uses. The following uses are permitted in the C-2 district if the use complies
with the commercial restrictions and performance standards of section 36-192:
(18) Large item retail under 20,000 square feet.
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
Page 4 of 11
(d) Uses permitted by conditional use permit. No structure or land in a C-2 district shall be
used for the following uses except by conditional use permit. Those uses shall comply with the
commercial restriction and performance standards of section 36-192, all those general conditions
provided in section 36-367 and with the specific conditions imposed in this subsection (d), and
with any other conditions which may be imposed by the city council.
(12) Retail stores and large item retail stores over 20,000 square feet.
Section 36-243. I-P industrial park district.
(f) Accessory uses. The following uses shall be permitted accessory uses in an I-P district:
(9) Large item retail sales limited to a maximum of 15% of the gross floor area of the
development.
Section 36-244. I-G general industrial park district.
(e) Accessory uses. The following uses shall be permitted within any I-G district:
(8) Large item retail sales limited to a maximum of 15% of the gross floor area of the
development.
Ø What formatting errors need to be corrected?
During the recodification of the City’s Ordinance, the format of Section 36-361(b)(2)(j) was
arranged in error. Currently the ordinance reads as follows:
j. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3
districts shall be on the same lot as the building housing the principal use, except in the
cases of:
1. A religious institution where parking is regulated by subsection (c)(1)c.8. of this
section.
2. Condominium developments where off-street parking is designed on a lot or within a
garage on a separate parcel but within the same condominium development.
Required off-street parking spaces shall be located within an enclosed building or, if
outside, shall be located behind a line created by extending the front building wall of
the principal structure to the side lot lines and shall not be located within a side yard
abutting a street except as permitted under subsection (b)(3)l. of this section. Parking
shall not be permitted on any landscaped area except as permitted under section 36-
162(c)(9). Passenger vehicles can be parked on private driveways in the front yard or
side yard abutting a street of single-family or two-family dwelling units provided
these vehicles meet the requirements of this section and of this article.
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
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The second paragraph under subsection j(2) is supposed to refer to the entire section j: Location
of parking facilities, and not only to subsection j(2). Staff and the Planning Commission are
proposing to restructure this section so that the above referenced paragraph is moved up to j.
Location of parking facilities and refers to the whole section. The proposed ordinance change is
attached in the proposed resolution.
Ø What corrections need to be made to the table of bulk regulations for residential
setbacks?
In an effort to incorporate Livable Communities principles, on March 16, 1998, the Council
adopted ordinance amendments to reduce the front yard setbacks in residential districts (R-1, R-
2, and R-3) by 5 feet and added open space requirements. Subsequently, on February 5, 2001,
the Council adopted an ordinance amendment that reduced side yard setbacks for 2nd story
additions in the residential districts. These ordinance amendments were never incorporated into
Table 36-15B, the table of bulk regulations. Staff and the Planning Commission are proposing to
include these previously approved changes as well as other miscellaneous corrections to the
table. The proposed changes are located in the proposed resolution
Recommendation:
• Staff and the Planning Commission recommend approval of the proposed text amendment to
correct inconsistencies and formatting errors, revise architectural requirements for small park
buildings and add a land Use Description for large item retail.
Attachments: Proposed Ordinance
Park Buildings (supplemental)
Prepared By: Julie Grove, Associate Planner
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
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ORDINANCE NO.______
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-115, 16-142, 36-361, and 36-366
LARGE ITEM RETAIL AS SEPARATE LAND USE CLASSIFICATION, CORRECT
TABLE OF BULK REGULATIONS, ALLOW USE OF CERTAIN EXTERIOR
BUILDING MATERIALS FOR PARK BUILDINGS, CORRECTION TO LOCATION
OF REQUIRED PARKING IN R-1, R-2 AND R-3 RESIDENTIAL DISTRICTS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 02-56-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-115, 16-142, 36-361, and 36-366
is hereby amended by deleting stricken language and adding underscored language. Section
breaks are represented by ***.
Sec. 36-115. Land use by zoning district; interpretation of land use tables.
***
Table 36-115A
***
Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X
Retail N N N A A PC/PUD P P PC A A PUD
Retail, Large Item N N N N N P P N A A N
***
St. Louis Park City Council Agenda
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TABLE 36-115b
ZONING DISTRICTS
TABLE OF BULK REGULATIONS
Building Height
Zoning Districts
R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X
Minimum lot width
1-2-story or 25 feet 75 60 60 60 80 -- -- 100 75 50 --
3-story or 35 feet 75 60 60 60 80 -- -- 100 100 75 --
4-story or 48 feet N/A N/A N/A 60 80 N/A -- 100 100 75 --
5-6 story or 75 feet N/A N/A N/A 60 80 N/A -- 100 150 100 --
Minimum lot area
1-2 story or 25 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 15,000 5,000 --
3-story or 35 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 18,000 7,500 --
4-story or 48 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 18,000 7,500 --
5-6 story or 75 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 22,500 10,000
Maximum density 4.8 6 10.9 30* 50* N/A N/A N/A N/A N/A 50*
Maximum height 30 30 35 40* 75* 35 75 240 75 75 *
Floor area ratio
(FAR)
0.3 0.3 0.4 0.7 1.2 1.2 2.0 1.5 0.5 1.0 1.5*
Ground floor area
ratio (GFAR)
0.3 0.3 0.25 0.25 0.25 -- -- -- -- -- --
Minimum yard
widths
Front 35*
30*
30*
25*
30*
25*
30* 30* 20 5* 20 5* 20* 50* 20 --
Side 1
1-2 story or 25 feet 6 5 6 15 15 0* 0* 15 20 12 --
3-story or 35 feet 9 6 7 5 9 6 15 15 0* 0* 15 25 12 --
4-story or 48 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 30 12 --
5-6 story or 75 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 35 12 --
Side 2
1-2 story or 25 feet 9* 7* 9* 1/2 1/2 0* 0* 1/2 20 0 --
3-story or 35 feet 11 9* 9 7* 11 9* 1/2 1/2 0* 0* 1/2 25 0 --
4-story or 48 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 30 0 --
5-6 story or 75 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 35 12 --
Side abutting street 15 15* 15* 15 15 15 15 15 25 15 --
Rear
1-2 story or 25 feet 25 25 25 25* 25* 10* 0* 15 20 10 --
3-story or 35 feet 25 25 25 25* 25* 10* 0* 15 20 10 --
4-story or 48 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 --
5-6 story or 75 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 --
Open space per
dwelling unit
600 400 400 400 400 N/A N/A N/A N/A N/A *
½ = one-half building height
+ = plus one-half building height
*Certain conditions cause these figures to vary
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
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***
Section 36-142. Descriptions.
***
(d) – Commercial uses
***
Retail means a facility where merchandise or equipment is displayed and rented or sold and
where delivery of merchandise or equipment to the ultimate consumer is made. This use includes
limited production, repair or processing as an accessory use. Hours of operation generally begin
after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.;
although some convenience stores and grocery stores are open 24 hours per day. Characteristics
generally include high parking demand and high off-peak traffic generation; generally prefers
high visibility and access to major thoroughfares. This use includes but is not limited to camera
shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores,
delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor
vehicle sales, and motor fuel stations, and large item retail.
Retail, Large Item means a facility where large item merchandise or equipment is displayed and
rented or sold and where delivery of merchandise or equipment to the ultimate customer is made.
Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays
and weekends. The parking demand per square foot of building area is normally less than the
demand for general retail. This use includes but is not limited to, furniture stores, carpet stores,
large appliance stores; but excludes motor vehicle sales, pawnshops, and retail.
***
Section 36-193. C-1 neighborhood commercial district.
***
(b) Permitted uses.
***
(14) Large item retail.
***
Section 36-194. C-2 general commercial district.
***
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
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(b) Permitted uses.
***
(18) Large item retail under 20,000 square feet.
***
(d) Uses permitted by conditional use permit.
***
(12) Retail stores and large item retail stores over 20,000 square feet.
***
Section 36-243. I-P industrial park district.
***
(f) Accessory uses.
***
(9) Large item retail sales limited to a maximum of 15% of the gross floor area of the
development.
***
Section 36-244. I-G general industrial park district.
***
(e) Accessory uses.
***
(8) Large item retail sales limited to a maximum of 15% of the gross floor area of the
development.
***
Section 36-361. Off-street parking areas, paved areas, and loading areas.
***
St. Louis Park City Council Agenda
Item: 111802 - 8b - Misc Zon Ord amendments
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(b)(2) General provisions
***
j. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3
districts shall be located within an enclosed building or, if outside, shall be
located behind a line created by extending the front building wall of the principal
structure to the side lot lines and shall not be located within a side yard abutting a
street except as permitted under subsection (b)(3)l. of this section. Parking shall
not be permitted on any landscaped area except as permitted under section 36-
162(c)(9). Passenger vehicles can be parked on private driveways in the front yard
or side yard abutting a street of single-family or two-family dwelling units
provided these vehicles meet the requirements of this section and of this article.
Required off-street parking spaces shall be on the same lot as the building housing
the principal use, except in the cases of:
1. A religious institution where parking is regulated by subsection (c)(1)c.8. of
this section.
2. Condominium developments where off-street parking is designed on a lot or
within a garage on a separate parcel but within the same condominium
development.
***
Section 36-366. Architectural design
***
(b)(6)(a)– Classes of materials exterior surface materials
(1.) Wood or vinyl siding and prefinished metal are class I and on residential
buildings containing four or fewer dwelling units in addition to the other class I
materials listed in this subsection. Wood is a class I material on park buildings
under 3,000 square feet.
***
Sec. 3. The contents of Planning Case File 02-56-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council December 2, 2002
Reviewed for Administration
St. Louis Park City Council Agenda
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City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 111802 - 8c - Traffic Environ Studies Methodist
Page 1 of 2
8c. Traffic and Environmental Studies – Methodist Hospital Campus Expansion
Recommended
Action:
Staff recommends the City Council approve the following two
motions:
§ Authorize preparation of an Environmental Assessment
Worksheet relating to the proposed expansion of the Methodist
Hospital campus
§ Authorize the Mayor and City Manager to execute a contract
with SRF Consulting Group Inc. for purposes of undertaking the
preparation of an Environmental Assessment Worksheet and
necessary traffic and parking analysis for a proposed Methodist
Hospital expansion initiative with the understanding that Park
Nicollet Health Services will escrow funds or enter into an
agreement to reimburse the City for the costs associated with
these activities.
Background:
Last March representatives of Park Nicollet Health Services (PNHS) presented to the City
Council a concept relating to expansion plans for both the Methodist Hospital and Park Nicollet
Clinic campuses. Since that time staff has been working with PNHS on their long term plans.
It now appears that Methodist Hospital is programmed to experience expansion activities first.
The long term plans (10 year plan) for Methodist Hospital could involve as much as 250,000 –
300,000 square feet of new building construction. The first project to take place at Methodist
Hospital is an approximate 90,000 square foot Heart and Vascular Center which would be built
in the location of the existing Tourtellote building.
Since the size of the long term expansion at Methodist Hospital is at or near the threshold for
requiring an EAW, and the property includes wetlands, it has been determined that an
Environmental Assessment Worksheet should be prepared and that certain traffic and parking
analysis should be undertaken. Staff and PNHS have been meeting with SRF Consulting to
develop a Scope of Work for this analysis. Both City staff and PNHS felt SRF was best suited to
undertake the work given their knowledge and past work experiences in the Excelsior Blvd. area.
As has been done with other development projects, City staff proposed to PNHS that the City
contract for the services but that PNHS reimburse the City for the costs of the EAW preparation
and traffic and parking studies. PNHS has agreed with this approach. The total estimated cost of
the work to be done by SRF is approximately $103,000.
Recommendation:
Staff is recommending that the City enter into a contract with SRF Consulting to undertake the
preparation of the EAW and the traffic and parking analysis with the understanding that Park
St. Louis Park City Council Agenda
Item: 111802 - 8c - Traffic Environ Studies Methodist
Page 2 of 2
Nicollet Health Services will escrow funds or enter into an agreement to reimburse the City for
the cost of the studies.
Attachments:
§ Draft Contract and Scope of Work (Supplement)
Prepared By: Tom Harmening, Community Development Director
Approved By: Charles W. Meyer, City Manager